STAND. COM. REP. NO. 203

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 237

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Economic Development and Technology, to which was referred S.B. No. 237 entitled:

 

"A BILL FOR AN ACT RELATING TO CYBERBULLYING,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to provide greater protection for victims of cyberbullying by establishing an offense of harassment by cyberbullying, with the first or second offense as a misdemeanor, and a third or any subsequent offense as a class C felony.

 

     Your Committee received testimony in support of this measure from one individual.  Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.

 

     The Department of the Prosecuting Attorney has testified that establishing an offense of harassment by cyberbullying is unnecessary, as current harassment laws would be more than sufficient, and recommended additions to the definition of "electronic communication" to encompass language in this measure.

 

     Your Committee has amended this measure accordingly, by:

 

     (1)  Deleting the proposed offense of harassment by cyberbullying; and

 

     (2)  Expanding the types of electronic communication applicable to the current law relating to various offenses of harassment to include the Internet, cell phone, personal digital assistance device, or any wireless hand-held device.

 

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 237, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 237, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

 

 

 

____________________________

CAROL FUKUNAGA, Chair